Legal Question in Credit and Debt Law in Florida

College debt

I received notice after 2 years that the college wants me to pay back to them federal money they paid on my behalf. They say they have no record of my last semester. They could not prove my attendance the last semester because the professors do not take attendance and I didn't finish out the semester. I did not officially withdraw but I did attend the required 60% of the class. If I could prove the attendance then I would not owe the $1200 back. I did not receive notice of this until now, but last year they sent my transcripts to the local community college and said I had no outstanding debt. Then the college got audited by the Feds and they said they had to pay the Feds because they could not verify attendance records and that now I owe the money back to them. They said it will go to collections if I do not pay. I don't owe the debt, but I can not prove attendance. Is the burden of proof on them? Please help, because I can only afford one class a semester at my current school. Is there a statute of limitations on the time they can notify me of a debt? Like I said, it has been 2 years and nothing was said last year when I requested and received transcripts. Thank you.


Asked on 10/06/07, 12:34 am

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: College debt

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Two years is well within any statute of limitations. The loan agreement would be controlling as to who has the burden of proof as to satisfying the requirements to avoid repayment. You should review it carefully. If you cannot understand, take it to an attorney for review.

Scott R. Jay, Esq.

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Answered on 10/07/07, 10:13 pm


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